What Happens in a Car Accident Without Insurance?

When a car accident comes out of nowhere and interrupts your life, you might ask request compensation to cover your medical and normal household expenses. When a crash is not your fault, the financial burden should not be yours alone. You may think your first step is to seek compensation from the at-fault driver’s insurance company. In most situations, you would be right. Most personal injury claims following a car crash are resolved through insurance claims. However, if the other driver was unlawfully operating a vehicle without insurance, then you must look elsewhere for compensation. If this is the case, you should contact an experienced car wreck attorney from Studinski Law, LLC. Call us today at (715) 343-2850.

You may have the right to pursue compensation for:

• Medical expenses
• Wage loss
• Pain and suffering
• Emotional distress and mental anguish
• Disability
• Disfigurement
• Loss of enjoyment of life
• Loss of earning capacity
• Loss of society and companionship

Pursing Compensation Through a Personal Injury Lawsuit

If the driver who caused your accident does not have insurance, you may want to bring claims directly against the driver and perhaps against your own insurance company for uninsured motorist benefits. In a personal injury lawsuit, you and your attorney will utilize the discovery process to learn more about what led to the crash and gather evidence to support your claim for compensation. This can be done through:

• Depositions of key individuals involved with or responsible for the accident
• Requests for documents
• Interrogatories, which are written questions the other party must answer
• Requests for admissions, which are statements the other party must admit or deny

During this investigation phase, your attorney may also hire expert witnesses whose testimony can potentially support your case. For car accidents, this often includes an accident reconstructionist. This individual is trained and experienced in reviewing the aftermath of a crash and the data available to determine the driver’s actions and vehicle’s speed, direction, or deceleration leading up to the accident. An accident reconstructionist is useful to determine and help understand the conduct of the other driver and other accident facts.

Once the discovery phase is finished, trial may follow. This may also be a time when you discuss a settlement with the at-fault driver and your insurer. You have the right to agree to a specific settlement amount in exchange for not pursuing compensation through trial. However, if you and the other driver and your insurer do not agree to a settlement, then you will likely present your arguments at trial. Your attorney will provide evidence to the judge or jury, to support the allegations that the other driver was negligent and their actions led to the accident that harmed you. Your attorney will also present evidence regarding the type and extent of your injuries and how they have altered your life. The other side will present evidence to the contrary, and when you are both finished, the judge or jury will decide the case.

Recovering Your Personal Injury Compensation

Just because you win financial compensation through a personal injury suit does not mean your and your attorney’s work is over. You may still have to take steps to recover the money since the other party may not be ready or able to write you a check. If you have a judgment against the at-fault driver, you may need to utilize wage garnishment or other means to secure payment.

Issues Associated with Personal Injury Suits

While a personal injury suit is theoretically the way to obtain compensation after you were injured in a crash caused by a driver without insurance, the reality can be harshly different. Many drivers do not carry auto insurance because they cannot afford it. This means there is little-to-no money or assets for you to recover compensation. It is important to investigate whether the at fault person has assets to pay a potential settlement or judgment.

Utilizing Your Own Auto Insurance

You likely have insurance benefits available to you under your own policy. For example, you may have medical payments benefits and uninsured motorist benefits as well. These insurance coverages are very important, particularly if you are involved in a wreck with an uninsured driver. Whether or not the accident and your injuries are covered will depend on your specific policy. Additionally, how much you can receive will likely be based on your policy limit.

Contact Our Wisconsin Personal Injury Lawyers for Advice

When you have been injured in a car accident only to discover the at-fault driver does not have insurance, you probably have a lot of questions. Do you have to sue? What is a lawsuit like? How much is your claim worth? For answers to all of your questions, call Studinski Law, LLC at (715) 343-2850 and schedule a time to talk with us. We have years of experience as personal injury lawyers in Wisconsin and will seek to help you receive the case outcome that you deserve.